CLA-2-82:S:N:N3:119 888642
Mr. Patrick Barrett
Arizona Customs Brokers
P.O. Box 20082
Phoenix, AZ 85036
RE: The tariff classification of a razor/shaving cream dispenser
from Taiwan
Dear Mr. Barrett:
In your letter dated July 20, 1993, you requested a tariff
classification ruling on behalf of Caspian Trading Company, Inc., Tempe,
AZ.
The sample you submitted is a combination safety razor and shaving cream
dispenser. In its closed position the article has the appearance of a
large fountain pen with a pocket clip. It is 6 inches long with a diameter
of approximately 5/8 of an inch. It consists of a 2 1/2 inch long cap and
a twin-blade safety razor cartridge mounted atop of a cylindrical
pressurized shaving cream dispenser which also serves as the handle of the
razor. There is a push button at the top of the cylinder to release the
shaving cream through a small orifice which is at the back of the cylinder.
The replaceable twin-blade cartridge can be rotated to a horizontal
position for use and to a vertical position for storage.
The razor/shaving cream dispenser is a composite article whose essential
character is imparted by the safety razor. Therefore based on General
Rules of Interpretation 3(b) of the Harmonized Tariff Schedule of the
United States, the complete article will be classified under the tariff
number for the razor.
The applicable subheading for the razor/shaving cream dispenser will be
8212.10.0000, Harmonized Tariff Schedule of the United States (HTS), which
provides for razors. The rate of duty will be 0.4 cent each plus 1 percent
ad valorem.
Regarding the marking of the merchandise, the regulations require that
every article of foreign origin (or its container) imported into the U.S.
shall be marked in a conspicuous place as legibly, indelibly, and
permanently as the nature of the article (or container) will permit, in
such manner as to indicate to an ultimate purchaser in the U.S. the English
name of the country of origin of the article.
Also, Section 134.43 of the Customs Regulations requires that certain
articles, including safety razors and blades for safety razors, be marked
legibly and conspicuously by die stamping, cast-in-the-mold lettering,
etching, engraving, or by means of metal plates. Since the article is
going to be sold only as a unit, it would not be necessary to mark it in
two places as long as the marking complies with the legal requirements.
In addition you have indicated that the merchandise will be repacked for
retail after importation. In that case the importer will have to certify
to Customs at time of entry that the country of origin marking will not be
obscured or concealed by the new packaging. It would be advisable to
consult the Import Specialist at the port where the merchandise will be
imported.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have
been filed without a copy, this ruling should be brought to the attention
of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport